YASHVANT BHAU HANKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE these connected criminal appeals arise out of the same set of facts and a common impugned judgment we are disposing them off by one judgment.

(2.) CRIMINAL Appeal No. 650 of 94 has been directed by appellant Yashvant bhau Hankare against the judgment and order dated 29. 10. 1994 passed by the additional Sessions Judge, Kolhapur, in Sessions Case No. 172 of 1994, convicting and sentencing him to undergo imprisonment for life for the offences punishable under section 302 I. P. C. Alongwith the appellant were tried Bhau Hankare, Shripati hankare, Shankar Hankare and Ramesh Hankare, for offences punishable under sections 147, 148 and 302 read with 149 IPC but they have been acquitted vide the aforesaid judgment Criminal Appeal No. 205 of 1995 has been preferred by the state of Maharashtra against the acquittal of the said persons for the said offences.

(3.) IN short the prosecution case runs as under : yashvant Bhau Hankare, Shripati Bhau Hankare and Shankar Bhau Hankare are the sons of Bhau Lakhu Hankare. Ramesh Shripati Hankare is the son of shripati Bhau Hankare. Between the said persons on the one hand and the deceased Rama Hankare, the informant Jayawant Hankare P. W. 10 and Laxmibai hankare P. W. 12 (the wife of Jaywant Hankare) on the other there was enemity. Yashvant Bhau Hankare used to abuse Laxmibai for keeping lemon and ash in his house. On 25. 12. 1991 Yashvant Hankare abused Laxmibai and others resulting in her and her husband Jayawant complaining to the police patil, Balram Patil P. W. 7, next morning. The police patil told them that he would settle the matter. The same evening (evening of 26. 12. 1991) at about 8 p. m. Rama Hankare came to his house which was situated opposite the house of the appellant Yashwant hankare and reprimanded Yashvant Hankare for abusing Laxmibai. At that time bhau Hankare, Shripati Hankare, Shankar Hankare and Ramesh Hankare were also there. Thereafter they left and returned from their house after 10 minutes. Yashvant Hankare had a 'rapi (instrument used for cutting leather) in his hand and the remaining persons had stones. Yashvant Hankare inflicted a rapi blow on the stomach of Rama Hankare and others, hurled stones on Rama's wife Manjabai hankare. Thereafter all of them ran away. This incident was seen by Manjabai, jayawant and Laxmibai Hankare in the light of a electric poll which was situated nearby. After the accused persons had run away Jayawant tied a sari over the stomach of his father Rama Hankare.